[Federal Register Volume 71, Number 209 (Monday, October 30, 2006)]
[Notices]
[Pages 63284-63285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18177]


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DEPARTMENT OF COMMERCE

INTERNATIONAL TRADE ADMINISTRATION

(A-570-848)


Freshwater Crawfish Tail Meat From the People's Republic of 
China: Initiation of Antidumping Duty New Shipper Reviews

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (``the Department'') has 
received timely requests to conduct new shipper reviews of the 
antidumping duty order on freshwater crawfish tail meat from the 
People's Republic of China (``PRC''). In accordance with 19 CFR 
351.214(d), we are initiating new shipper reviews for Anhui Tongxin 
Aquatic Product & Food Co., Ltd. (``Anhui Tongxin''), Huoshan New 
Three-Gold Food Trade Co. Ltd. (``Huoshan NTGF''), Jingdezhen Garay 
Foods Co., Ltd. (``Jingdezhen Garay''), and Shanghai Now Again 
International Trading Co., Ltd. (``Shanghai Now Again'').

EFFECTIVE DATE: October 30, 2006.

FOR FURTHER INFORMATION CONTACT: Michael Quigley or Erin Begnal, Office 
9, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-4047 or (202) 482-1442, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department received timely requests from Anhui Tongxin 
(September 27, 2006), Huoshan NTGF (August 30, 2006), Jingdezhen Garay 
(September 20, 2006), and Shanghai Now Again (September 20, 2006), 
pursuant to section 751(a)(2)(B) of the Tariff Act of 1930, as amended 
(``the Act''), and 19 CFR 351.214(c), for new shipper reviews of the 
antidumping duty order on freshwater crawfish tail meat from the PRC. 
See Notice of Amendment to Final Determination of Sales at Less than 
Fair Value and Antidumping Duty Order: Freshwater Crawfish Tail Meat 
from the People's Republic of China, 62 FR 48218 (September 15, 1997).
    Pursuant to 19 CFR 351.214(b)(2)(i) and 19 CFR 
351.214(b)(2)(iii)(A), in their requests for review, Anhui Tongxin, 
Huoshan NTGF, Jingdezhen Garay, and Shanghai Now Again certified that 
they did not export the subject merchandise to the United States during 
the period of investigation (``POI'') and that since the initiation of 
the investigation they have never been affiliated with any company 
which exported subject merchandise to the United States during the POI. 
Pursuant to 19 CFR 351.214(b)(2)(iii)(B), Huoshan NTGF, Jingdezhen 
Garay, and Shanghai Now Again further certified that their export 
activities are not controlled by the central government of the PRC.
    Pursuant to 19 CFR 351.214(b)(2)(ii)(B), Rudong Smooth Food Co., 
Ltd. (``Rudong Smooth''), the producer of the subject merchandise for 
Shanghai Now Again during the period of review (``POR''), certified 
that it did not export or produce for export to the United States 
during the POI, and has never been affiliated with any exporter or 
producer who exported the subject merchandise to the United States 
during the POI. Rudong Smooth further certified that its export 
activities are not controlled by the central government of the PRC.
    In accordance with 19 CFR 351.214(b)(2)(iv), Anhui Tongxin, Huoshan 
NTGF, Jingdezhen Garay, and Shanghai Now Again, respectively, submitted 
documentation establishing the following: (1) the date on which they 
first shipped subject merchandise for export to the United States and 
the date on which the subject merchandise was first entered, or 
withdrawn from warehouse, for consumption; (2) the volume of their 
first shipment; and (3) the date of their first sale to an unaffiliated 
customer in the United States.
    In addition, the Department conducted customs database queries to 
confirm that Anhui Tongxin's, Huoshan NTGF's, Jingdezhen Garay's, and 
Shanghai Now Again's shipments of subject merchandise had entered the 
United States for consumption and had been suspended for antidumping 
duties.

Initiation of Reviews

    In accordance with section 751(a)(2)(B) of the Act, and 19 CFR

[[Page 63285]]

351.214(d)(1), and based on information on the record, we are 
initiating new shipper reviews for Anhui Tongxin, Huoshan NTGF, 
Jingdezhen Garay, and Shanghai Now Again. See Memoranda to the File 
through James C. Doyle, New Shipper Initiation Checklists, (October 23, 
2006). We intend to issue the preliminary results of this review not 
later than 180 days after the date on which this review was initiated, 
and the final results of this review within 90 days after the date on 
which the preliminary results were issued.
    Pursuant to 19 CFR 351.214(g)(1)(i)(A), the POR for a new shipper 
review, initiated in the month immediately following the annual 
anniversary month, will be the one year period immediately preceding 
the annual anniversary month. Therefore, the POR for the new shipper 
reviews of Anhui Tongxin, Huoshan NTGF, Jingdezhen Garay, and Shanghai 
Now Again will be September 1, 2005, through August 31, 2006.
    It is the Department's usual practice in cases involving non-market 
economies to require that a company seeking to establish eligibility 
for an antidumping duty rate separate from the country-wide rate 
provide evidence of de jure and de facto absence of government control 
over the company's export activities. Accordingly, we will issue 
questionnaires to Anhui Tongxin, Huoshan NTGF, Jingdezhen Garay, and 
Shanghai Now Again, including a separate rates section. The reviews 
will proceed if the responses provide sufficient indication that Anhui 
Tongxin, Huoshan NTGF, Jingdezhen Garay, and Shanghai Now Again are not 
subject to either de jure or de facto government control with respect 
to their exports of freshwater crawfish tail meat. However, if the 
exporter does not demonstrate the company's eligibility for a separate 
rate, then the company will be deemed not separate from the PRC-wide 
entity, which exported during the POI. An exporter unable to 
demonstrate the company's eligibility for a separate rate would hence 
not meet the requirements of section 751(a)(2)(B)(i)(I) of the Act and 
its new shipper review will be rescinded. See, e.g., Notice of 
Preliminary Results of Antidumping Duty New Shipper Review and 
Rescission of New Shipper Reviews: Freshwater Crawfish Tail Meat from 
the People's Republic of China, 69 FR 53669 (September 2, 2004) and 
Brake Rotors From the People's Republic of China: Rescission of Second 
New Shipper Review and Final Results and Partial Rescission of First 
Antidumping Duty Administrative Review, 64 FR 61581 (November 12, 
1999).
    Interested parties that need access to proprietary information in 
these new shipper reviews should submit applications for disclosure 
under administrative protective order in accordance with 19 CFR 351.305 
and 351.306.
    This initiation and notice are in accordance with section 751(a) of 
the Act (19 U.S.C. 1675(a)) and 19 CFR 351.214.

    Dated: October 23, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E6-18177 Filed 10-27-06; 8:45 am]
BILLING CODE 3510-DS-S